Page:The English Reports v1 1900.pdf/1491

said commissioners more than the usual commission of sixpence per quarter, for and in respect of sundry quantities of oats, with the husks taken off, amounting to a large quantity, to wit, one thousand one hundred and fifty-six quarters, before that time, to wit, between the third and the twenty-sixth days of January, in the said year of our Lord one thousand seven hundred and eighty, to wit, at Westminster aforesaid, in the said county of Middlesex, supplied by him; that is to say, three-pence per quarter for and in respect of each and every quarter of the said oats, with the husks taken off, more than the usual commission of sixpence per quarter: and whereas in truth and in fact the said Christopher Atkinson, before the making of his said affidavit, during his transactions with the said commissioners for victualling his said majesty's navy as their cornfactor, to wit, on the twentieth day of June, in the year of our Lord one thousand seven hundred and eighty, at Westminster in the said county of Middlesex, did charge more than the usual commission of sixpence per quarter for and in respect of a large quantity, to wit, six hundred and twenty-seven quarters and four bushels of pease, before that time, to wit, on the eighteenth day of June, in the said year of our Lord one thousand seven hundred and eighty, at Westminster aforesaid, in the said county of Middlesex, purchased by him the said Christopher Atkinson for the said commissioners as their cornfactor, of and from one William Batson, that is to say, one shilling and sixpence for and in respect of each and every of the said six hundred and twenty-seven quarters of pease, and in that proportion for and in respect of the said four bushels of pease, so purchased by him the said Christopher Atkinson, of the said William Batson, beyond the price which he the said Christopher Atkinson actually paid to the said William Batson for the same: and so the jurors aforesaid, upon their oath aforesaid, do say, that the said Christopher Atkinson, on the said seventh day of February, in the twenty-first year afore-[524]-said, at Westminster aforesaid, in the county of Middlesex aforesaid, before the said court of our said lord the king, before the king himself, by his own act and consent, and of his own most wicked and corrupt mind, in manner and form aforesaid, did falsely, wilfully, and corruptly, upon his said oath so taken as aforesaid, commit wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt of our said lord the king and his laws, to the evil and pernicious example of all others in the like case offending, and against the peace of our said present sovereign lord the king, his crown and dignity.

The defendant afterwards sued out his majesty's writ of certiorari, returnable in Easter term following, to remove this indictment into the court of King's Bench, and the indictment was thereupon in that term accordingly removed into the court of King's Bench and after the indictment was thus removed, he pleaded to it in the same term, "not guilty," and issue was joined thereupon.

At the sittings after Trinity term 1783, the cause was tried by a special jury of the county of Middlesex, when Mr. Atkinson was, after a full and fair trial, convicted of the offence charged in the 2d, 3d, 4th, 5th, 7th, and 9th assignments of perjury in the indictment, and acquitted of the residue thereof.

Mr. Atkinson after his conviction, absconded, and did not appear to receive the judgment of the court of King's Bench in the ensuing or any subsequent term, until the Easter term following, when he came into the court of King's Bench in the custody of the marshal of that court: and in Michaelmas term 1784, the court (no reason for arresting their judgment, nor any matter of error being suggested by the counsel for Mr. Atkinson) pronounced the following judgment against him, viz.

That the said Christopher Atkinson should, for his offences aforesaid, be imprisoned in the custody of the marshal of the Marshalsea of that court, for the space of one year then next ensuing; and that within that time the said Christopher Atkinson should be set in and upon the pillory at the Corn Market, near Mark-lane, in the city of London, for the space of one hour, between the hours of twelve at noon and two of the clock in the afternoon; and that the said Christopher Atkinson should pay a fine, to our sovereign lord the king, of £2000 of lawful money of Great Britain; and that he should be committed to the custody of the aforesaid marshal, and be by him kept in safe custody in execution of the aforesaid judgment, and until he should have paid the said fine.

From this judgment the defendant brought a writ of error returnable in parliament, and assigned the following errors: